It is, more or less, settled. The final outcome is still up the Sheriff of Jefferson County, with whom I have requested a meeting to talk about the disposition of my son's pistol (which is in his department's possession).
I will have a complete description of the outcome after that meeting.
10 comments:
Make sure you take him a copy of The Constitution in case he lost his copy and remind him of the oath he swore.
Several years ago, a friend of mine had a situation similar to this. In the end, LEO said, basically, if you push to get your firearm back, you will be prosecuted, if you do not, you will not be prosecuted.
Against my advice, he took that "deal", though I understand why he did. He decided that he had more to lose than he had to gain - and this is Illinois after all.
I hope you fair better, Kind Sir, but I suggest that you are in a win win situation for the most part. If they return the firearm, you win. If they refuse to return it, you still win because you will forever have an instance where something was simply stolen under the color of law. My bet is you write about that tens of thousands of times.....
I wish you the best with the foolishness you are experiencing.
Looks to me like the Sheriff would be wise to return that property and be done with it.
I'd take my attorney to that meeting, if it was me.
Good luck.
I guess if the Sheriff decides to be unreasonable and not return your son's pistol, you can always report it stolen??
Let us know and we'll chip in on legal fees to sue to get it back. -on principle if nothing else. That should be a 'full recovery of expenses' outcome.
Bob K
Best of luck.
You might have to remind your sheriff that if a lawful committee of citizens is appointed, he can either do his Constitutional duty...or be removed. And THAT is the American Constitutional LAW.
Hoping for the Best for you Sir!
May God Bless you Mike. You hang tough!
File a Writ Of Replevin.It may cost more than the weapon is worth but it's about principle.It worked for me.
In my experience, the locals are usually much easier to deal with than those from the state capital or from Washington. My bet is you will be fine.
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